Study Cards - Tucker School of Real Estate

Chapter 19

Building Code

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Municipal regulations that set minimum standards of construction, design and material to protect public health and safety. Usually incorporate ADA guidelines.

Deed Restriction

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Restrictions created and contained in the deed that limit a property's use, occupancy, and improvements. (Can apply to one parcel (private deed restriction) or an entire subdivision (restrictive covenants). These restrictions "run with the property" and bind future owners).

Developer

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One who constructs a development's infrastructure like streets, sewers and common areas. May build actual structures or sell improved lots to builders.

Nonconforming Use

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Existing property use that conflicts with new zoning. Frequently occurs when cities "annex" unincorporated areas.

Conditional-use Permit

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A permit granted to a property owner whose use is in conflict with zoning but permitted because it is deemed a public benefit.

Interstate Land Sales Full Disclosure Act

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Federal laws regulating the sale of unimproved lots across state lines. Requires disclosure of pertinent facts such as actual improvements in place, and availability of utilities.

Buffer Zone

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Area of land between two parcels of different uses or zoning. Designed to create a more peaceful transition between the two uses.

Subdivider

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One who cuts or divides a larger parcel into multiple smaller parcels, such as in the creation of a neighborhood or subdivision.

Variance

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Permission from the zoning board to "vary" from some part of the zoning. Not a change in the zoning, just permission to vary from it in one or more aspects. (i.e. A business seeking a store front sign three feet taller than allowed may seek a variance).

Zoning

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Municipal regulations that limit the use, density and character of real property. Zoning is the primary method of implementing the city's "master plan."

Certificate of occupancy

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Official permit issued by the municipal building inspector certifying that the improvements comply with the building code.

Amendment

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A change in zoning from one classification to another.